Minor car accident, who was at fault?
I just had my first car accident, and I'm all shaken up about it. So what happened was, I was parked right in front of a pet store. I drive a big ford SUV, and parking was a breeze. There was only a car on my right, no car on my left. I went into the store, bought some things, then went back to my car. I started it up. By this time there was still a car parked on my right, and no car on my left. I looked both ways, especially paying attention to the right where the most traffic was. I looked both ways, then began to back up and turn to head left. There was no car to my left, so I took a wider turn to get out. If there were cars on both sides, I would usually go straight back before turning. I didn't want to spend my time backing straight out and holding up possible traffic. Next thing I know during mid-turn my car has stopped, and I have just bumped into a car that was parked to my left. I was thinking how did you get there?!? My left front had bumped into the right rear bumper of a minivan that had just parked. My car had the most damage, with a tiny dent and scratch, while there's looked fine. At first I thought it was all my fault, but then I thought about it, and honestly, if I were them, I would have waited for the SUV (me) to pull out first before parking next to it. It could also be bad timing on both of us. Anyway, I don't really care about my SUV. Thankfully both me and the other driver both have AAA insurance, and it's getting taken care of. no room left...
Have you been in a car accident that wasn't your fault but you got the blame?
I have been in one where, if I did not have a dash cam, that would have happened. A guy backs up into me and says, with a smirk, it’s your fault and you cannot prove otherwise. And “Oh, my neck is hurting.” Almost always when there is front end damage on one car and rear end damage on the other the driver with front end damage is at fault. I said nothing to him but called for a cop. I let him give his story to the cop. Then I showed the cop the video. Handcuff time. His insurance company tried to get out of paying because it was deliberate but that did not fly. There was no pain and suffering to claim on my side but I do think that not at fault drivers should also be able to claim for time lost.
If you are in a car accident that is not your fault, do you still have to pay your deductible?
The short answer to this depends on what coverage and which party is responding.At-Fault Party pays:No deductibleYour collision insurance pays:Deductible appliesHowever… if your insurance company is successful in collecting from the at-fault party (called subrogation), you will receive your deductible back.Thanks for the A2A.
I was in a car accident (not at fault) and my car was determined to be a total loss. What do I do?
I was in a car accident last Wednesday. I was not at fault at all, I was turning left at a green arrow when a girl hits me directly into my left side. She ran a red light and was determined at fault. I got a rental car from the insurance so I could go to school and work while they repair my car. I got a call yesterday while I was in class but could not answer because I was in class; the voicemail said my car was a total loss and that we need to discuss a settlement.
Subpoena for car accident not at fault?
I was in the turning lane three lanes to the left and was slowing down as I approached a red light. This was during morning traffic and all the cars to the right of me were packed, about halfway through the turning lane some guy shot out from a gas station that was three lanes to my right, and he was trying to make a left turn against all the traffic, that there was during the morning. He shot through a gap I guess and there was no time for me to react to him, and I hit him. Now a couple months later I have received a subpoena to appear in court, and I really don't have any idea why? The cops had shown up seconds after we collided and they all said that he should have yielded to the traffic coming his way, and that there was no way I could have seen him. They said I was not at fault, and the insurance covered all the damages to my truck. So what exactly is going to happen at court, and how should I dress?
Car accident not at fault settlement?
so i was in a car accident in the highway,me and my gf were in the car and we were coming up on the exit,when all of a sudden an suv comes out of nowhere and hits us head on and completely totaled our car and we went to the hospital and got cat scans x'rays my gf had to get crutches because of the impact was hard,and now she has cuts and bruises on her arms everything is swollen and she cant walk at all but nothing was broken,i on the other hand was laying on the ground because i couldnt breath and have bruise on my right hip, cut on my left leg, and have the worst pain on my chest and when i sneeze its unbare-able,there was NO breath-alizer on the guy-NO comment from the guy nor the officer give him a test of any kind the guy was just sent home??so can we sue the police department and the guy for that or just the guy/insurance company oh and the cop wrote the report the day AFTER it happened will we win the case and just what get the value of the car and thats it? we have a lawyer for both of us and will be going to therapy and doctors on saturday i know they will take care of the bills and now i have been out of work should i go back to work or what should i do??
How can someone be 100% not at fault in a car accident and end up having to file bankruptcy due to enormous medical bills?
Unfortunately, yes. The problem with car insurance is many people choose to purchase the minimum. As your friend learned, the minimum only covers so much. This means, if your friend was seriously injured, but she is hit by someone who only has 25k in insurance, that is all she can get from the other person's insurance company. If your friend has what is called UIM (underinsured motorist) she can go after her own insurance at that point. However, not everyone purchases UIM, and even if they do, they can still only get the maximum of their own insurance. So, for sake of argument, let's say the other person has 25k in insurance, and your friend has 25k of UIM. Then the maximum she could get would be 50k. Once your friend used up her medical benefits from her car insurance, her health insurance took over, but yes, the out-of-network issue is a problem. Unfortunately, she was taken to a hospital that is out-of-network, which is unfair, but there isn't much to be done about it. One thing she might consider doing is trying to work with her insurance company to get it covered due to the impossibility of the situation. She should speak with her lawyer about this possibility. Perhaps he can help.Your friend's lawyer is right. There is no point in suing someone with no assets. If the person who caused the accident has no money, there is nothing to go after. Suing him will just decrease the final settlement because of the costs involved with suing. The insurance company will not pay more than 25k, regardless.It is important, if you can afford it, to buy a large amount of car insurance and also to purchase UM/UIM (which is actually quite cheap.) That won't help your friend for her past bills, but it could make a difference for you and your friend going forward.Jeff Lowenthal at my firm actually filmed a video explaining insurance and what you should purchase here in PA. I am going to provide you a link, because it will help you understand some of the issues. Of course, the terms and types of insurance vary from state-to-state. What You Should Know About Buying PA Auto InsuranceI am sorry your friend is in the situation she is in. But she should try to negotiate with the hospital. Sometimes they will agree to a very low payment plan.
I am in a no fault state. What does that mean for a car accident?
A no-fault state requires motorists to have personal injury protection (PIP) insurance. That means that in the event of a car accident, an injured person will only have to deal with his/her OWN insurance company, regardless of who’s at fault. The injured’s insurer will take care of his/her own medical bills, lost wages, and other expenses.There are 12 states implementing a no-fault policy: Minnesota, Hawaii, Florida, Kansas, Michigan, Kentucky, New Jersey, Utah, New York, Massachusetts, North Dakota and Pennsylvania.Supporters of the no-fault insurance law say that it’s better than fault insurance because it reduces the need for litigation and also makes it easier for the injured to get immediate treatment and payout for their inconvenience. PIP is also preferred in cases where the accident involves uninsured motorists since the injured can readily take care of their bills instead of waiting in vain for the other driver to take responsibility.The other side, however, argues that a no-fault law tolerates risky driving because reckless drivers are not burdened with paying for the injuries and damages of their victims.There’s more to this debate, but what’s important and practical for motorists is to know what type of insurance is required in their state. Even no-fault states have variations in the implementation of this policy.